The Delhi High Court has declined to consider a husband’s request to conduct a gender test on his wife.

The Delhi High Court today declined to hear a writ petition filed by a man seeking a directive for the Delhi Police to conduct a gender test on his wife at any Central government hospital in the case Sumit Kataria v. Commissioner of Police & Ors. Justice Sanjeev Narula questioned the maintainability of such a writ in a purely matrimonial matter, emphasizing that a writ petition cannot be initiated against a private individual. The judge also noted the serious implications of requesting a gender test, especially since the subject was the man’s wife.

The petitioner claimed that his wife was a transgender person, asserting that she could not file a domestic violence case against him as she was “not a woman.” He sought the gender test to substantiate his claim regarding her identity. However, the High Court refused to entertain the plea and advised the husband to pursue relief in the court handling his matrimonial case.

According to the husband, his wife had allegedly concealed her gender identity, leading to their marriage in 2020. He claimed that she refused to consummate the marriage and eventually left their home. Upon discovering her alleged transgender status, the husband stated that he experienced mental trauma, arguing that his right to a legitimate marital relationship under Article 21 of the Constitution had been violated.

He further contended that his wife had filed several false cases against him, including allegations of domestic violence, dowry demands, and claims for maintenance. The husband argued that the domestic violence case was not valid as his wife was not a biological woman, and therefore, he should not be liable to pay maintenance. Advocate Abhishek Kumar Choudhary represented the husband in the matter.